Tag Archives: citizenship

Reasons for CDL Disqualification

Reasons for CDL Disqualification – Reporting requirements under the CDL program have been in effect since 1988. Commercial drivers must notify the Secretary of State of the following:

Any out-of-state traffic violation within 30 days of conviction.

Any out-of-state suspension, revocation or cancellation of driving privileges, as well as disqualification or out-of-service actions, within 30 days of the effective date.

Change of name or address within 10 days. The driver has 30 days to obtain a corrected CDL.

Commercial drivers also must notify their employer of the following:

Any traffic violation within 30 days of the date of conviction.

Any suspension, revocation or cancellation of their driving privileges, as well as any disqualification or out-of-service action, within one day of notification of action.

Complete employment and driving record for the previous 10 years.

1.13 Alcohol Provisions

Law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (nonCMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol concentration (BAC). A CDL holder may not operate a commercial vehicle with a BAC of .04 or more or a noncommercial vehicle with a BAC of .08 or more.

Any driver operating a CMV or non-CMV who refuses to submit to chemical testing or submits to a test with results in excess of the legal limit is disqualified for a minimum 12 months.

Any driver convicted of DUI (regardless of BAC) is disqualified for a minimum 12 months.

If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for a minimum three years.

A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.

A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least 24 hours.

1.14 Other Offenses Leading to Disqualification

Knowingly and willfully leaving the scene of an accident while operating a CMV or non-CMV results in disqualification for a minimum 12 months.

Committing a felony while operating a CMV or non-CMV results in disqualification for a minimum 12 months.

A conviction for either offense above while carrying placarded hazardous materials results in disqualification for a minimum three years.

A conviction for violation of an out-of-service order results in disqualification for a minimum six months.

The use of a CMV or non-CMV in the commission of any felony involving manufacturing, distributing or dispensing a controlled substance, or possession with intent to manufacture, distribute or disperse a controlled substance, results in a lifetime disqualification.

Operating a commercial motor vehicle in violation of regulations pertaining to railroad-highway grade crossings: first conviction – 60 day disqualification; second conviction within a three-year period —120-day disqualification; third and subsequent conviction within a three-year period — one year disqualification.

Excessive Speeding

Excessive speeding involving any single offense for any speed of 15 mph or more above the posted speed limit.

Failure to reduce speed to avoid an accident.

Driving too fast for conditions.

Exceeding the speed limit in a school zone.

Reckless Driving

Operating a CMV or non-CMV in a manner that exhibits a willful, wanton or reckless disregard of the safety of persons or property.

Passing a vehicle stopped for a pedestrian in a crosswalk.

Driving on a sidewalk.

Passing a school bus receiving or discharging passengers or displaying a warning not to pass.

No Valid CDL

Operating a CMV without a valid CDL.

Operating a CMV with an improper classification or restriction.

Violation of an instruction permit.

Following Too Closely

Following the vehicle ahead too closely.

Failure of a truck to leave sufficient distance for being overtaken by another vehicle.

Improper Lane Usage

Improper or erratic traffic lane changes.

Improper lane changing, lane usage and/or center lane usage.

Improper passing.

Passing on a hill or curve or when prohibited.

Passing on wrong side of the road.

Improper passing on shoulder, left or right.

Driving wrong way on a one-way street or highway.

Driving on the left side of the roadway.

Passing in a school zone.

Conviction Involving a Fatal Accident

A violation of any state law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident.

Multiple Licenses

A violation relating to a CMV driver having multiple driverʼs licenses.

Traffic Violations

Two serious traffic violations within a three-year period results in a two-month disqualification. Three serious traffic violations in the same period results in a four-month disqualification.